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United States The Courts

Judge Blocks US Officials From Tech Contacts in First Amendment Case (washingtonpost.com) 414

A federal judge on Tuesday blocked key Biden administration agencies and officials from meeting and communicating with social media companies about "protected speech," in an extraordinary preliminary injunction in an ongoing case that could have profound effects on the First Amendment. From a report: The injunction came in response to a lawsuit brought by Republican attorneys general in Louisiana and Missouri, who allege that government officials went too far in their efforts to encourage social media companies to address posts that they worried could contribute to vaccine hesitancy during the pandemic or upend elections.

The Trump-appointed judge's move could undo years of efforts to enhance coordination between the government and social media companies. For more than a decade, the federal government has attempted to work with social media companies to address a wide range of criminal activity, including child sexual abuse images and terrorism. Over the last five years, coordination and communication between government officials and the companies increased as the federal government responded to rising election interference and voter suppression efforts after revelations that Russian actors had sowed disinformation on U.S. social sites during the 2016 election. Public health officials also frequently communicated with the companies during the coronavirus pandemic, as falsehoods about the virus and vaccines spread on social networks including Facebook, Twitter and YouTube.

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Judge Blocks US Officials From Tech Contacts in First Amendment Case

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  • 1984 put on hold (Score:3, Insightful)

    by Anonymous Coward on Tuesday July 04, 2023 @03:06PM (#63656486)
    Great news. The government isn't allowed to limit free speech, and they have been illegally side-stepping that by having their willing minions in the tech sector do it for them.
    • Re: (Score:2, Insightful)

      by quonset ( 4839537 )

      Great news. The government isn't allowed to limit free speech, and they have been illegally side-stepping that by having their willing minions in the tech sector do it for them.

      So you're in favor of people telling others completely false and wrong information, information which could get them killed. Or how Tucker Carlson runs a child molestation ring from his mansion, according to rumors. Or how the Catholic Church is the largest pedophile operation in the world with all its groomers. Or how Donal Trump and his family are agents for foreign governments and use their inside information to undermine the United States.

      Okay, the last one wasn't made up, but the others are complete

      • Re: (Score:2, Troll)

        The problem is that the gov't isn't supposed to dictate what people can say.

      • Or how the NSA spies on everyone. Oh wait that was true as well.

        How about everyone say what they want, and we have real consequences for people who make up shit?
      • by Powercntrl ( 458442 ) on Tuesday July 04, 2023 @04:39PM (#63656750) Homepage

        So you're in favor of people telling others completely false and wrong information, information which could get them killed.

        Personally, I feel the existing framework for dealing with such speech is adequate without the government getting further involved. If someone slanders you, you can sue. If someone posts misinformation, it can be handled by community moderation or by the platform voluntarily (without coercion from Uncle Sam) establishing their own clearly defined acceptable content policies.

        If a platform wants to be a hotbed of misinformation and lies that aren't running afoul of libel/slander laws, as long as that's the hill the owners of the site wish to die on, that's their right.

        When the argument is that misinformation is harmful, what you're really saying is that you think the American public is collectively too stupid to think for themselves. Perhaps we should be improving our public education standards so we don't have a population of easily impressionable sheeple in the first place?

        • by swillden ( 191260 ) <shawn-ds@willden.org> on Wednesday July 05, 2023 @10:33AM (#63658698) Journal

          it can be handled by community moderation or by the platform voluntarily (without coercion from Uncle Sam)

          Is there any evidence of coercion from Uncle Sam?

        • "When the argument is that misinformation is harmful, what you're really saying is that you think the American public is collectively too stupid to think for themselves."

          Jeez, buddy, have you ever seen some of the interviews with MAGA people? It's far, far too late to "improve education standards". These people control school boards, and they work like dogs to ensure as many American children as they can get hold of are reduced to the same level of proud ignorance they exhibit every time they open their

      • The government has no place deciding what is misinformation or truth. Especially when partisans in the government treat opinions that differ from theirs or inconvenient truths (does not fit the ideological objective) as misinformation. The government has the ability for 'experts' to publish guidance to the populace. We also have the press that can investigate and challenge misinformation (if only they'd go back to the concept of showing both sides of a story).

        I think the biggest difference here is that s

      • In favor of all the lies all those government people and social media companies shovelled for YEARS in favor of masks, lockdown, experimental vaccines, and pushing the lie of Trump-Russia collusion, or the lie that Hunter Biden's laptop was Russian propaganda.

    • by pegr ( 46683 )

      Now how many other State projects exist only to whip up support for other State-approved GroupThink?

      Just mark government policy posts as ads, problem solved!

  • by 140Mandak262Jamuna ( 970587 ) on Tuesday July 04, 2023 @03:16PM (#63656506) Journal
    Discussion of race in class room, or LGBTQ in colleges, or information about birth control, abortions.... nah, not covered by free speech.

    Pizzagate, Jewish space lasers, election denialism, threats of violence, doxing, conspiracy to overthrow the government, ... alll a_OK now

    The Republican party has given up even pretending to care. On the side of tax dodgers, on the side of violent fascists, ...

    • Eventually Republicans do end up hoisting themselves by their own petards over these sort of issues. Citizens United is pretty much the basis of Disney's case against the state of Florida. Some LGBTQ+ owned businesses are considering the recent SCOTUS decision as permission to refuse service to right-wingers.

      • by Darinbob ( 1142669 ) on Tuesday July 04, 2023 @07:35PM (#63657172)

        Oh yes, also the rights of Christians to abstain from doing business to customers now means anyone of any religion can refuse to do business. Given that many Christians fervently argue that atheism is a religion, that applies here too. Hypocrisy comes back to bite people in their own ass.

        And yes, it is hypocrisy. When have you heard anyone say "I refuse to make you a wedding cake because I saw you look at another woman with lust in your heart"? Or "I refuse to do your taxes because I saw you visit a casino"? There are many sins listed explicitly in the bible that so many self righteous pharisees overlook, while focusing on homosexuality which is only rarely implied is a sin in scriptures without some hand waving explanation. BUT, homosexuality is a political issue, and a cultural issue, and these people cannot separate their religion from culture and politics.

    • Discussion of race in class room, or LGBTQ in colleges, or information about birth control, abortions.... nah, not covered by free speech. Pizzagate, Jewish space lasers, election denialism, threats of violence, doxing, conspiracy to overthrow the government, ... alll a_OK now

      The Republican party has given up even pretending to care. On the side of tax dodgers, on the side of violent fascists, ...

      They care -- about the wrong things. And it's not just the classroom: It’s Getting Hard to Stage a School Play Without Political Drama [nytimes.com]

      As lawmakers and parents seek to restrict what is taught in classrooms, many teachers are seeing efforts to limit what works they can stage.

    • so, basically... (Score:5, Informative)

      by tiqui ( 1024021 ) on Tuesday July 04, 2023 @07:45PM (#63657188)

      A: You did not read the filings, or the judge's order.

      or

      B: You did, and you know that what you posted was crap, but you're hoping other people did not read the actual documents and will be mislead by your drivel.

      NOBODY in this case alleges ANYBODY in government colluded with Big Tech to suppress communications about race, LGBTQ, birth control, abortions, etc. Your entire 1st paragraph is delusional. The Republican party is NOT the party refusing to face the issue of government-BigTech collusion to control information. Tax dodgers? You mean like hunter biden writing-off drugs and prostitues as deductions on his taxes?

      Incidentally, "fascists" are the guys who unite government power with corporate power and then control communications for the manipulation of the masses...

      Just thought you might want to learn about the real thing instead of the cartoon version you apparently have in mind.

    • by twocows ( 1216842 ) on Wednesday July 05, 2023 @11:00AM (#63658818)
      I think there's a substantial difference between Uncle Cleetus posting about how Hillary Clinton is a lizard person on Facebook and a teacher teaching a student that affirmative action is necessary or that there are more than two genders (fairly common beliefs by Democarts; I'm not here to argue their validity, I'm just using these as examples of political opinions Democrats might teach in school believing they are factual). There is no expectation that Uncle Cleetus is an authority on the subject matter by anyone who sees what he posts and children are not required to see his Facebook opinions at all, let alone on a daily basis. There is, on the other hand, absolutely an expectation by children and parents alike that a school teacher is an authority on whatever they're teaching and children are forced to listen to it without any critical input from anyone who might disagree or even be in a position to offer competent critical dialog.

      With that said, in my lifetime, Democrats and Republicans alike have had a problem with failing to criticize what used to be fringe elements of their party. In the case of the Democrats, at the very least there still seems to be a roughly equal balance of power in Congress between the various factions within the party. In the case of Republicans, they've been largely consumed by the fringe elements over the years; Trumpism was just the ultimate result and climax of this.

      This is unfortunate because many issues are complex and require educated critical dissent in order for all interests to be adequately represented. Even if you dislike just about everything that the Republicans stand for, I imagine you can at least admit that there is a place for informed critical dissent of whatever you do stand for; you're never going to always get it right, you'll always have blind spots, and there is a place for a dissenting faction. The problem I have is that Republicans are, in my opinion, not doing a good job of offering informed dissent in recent years because they have failed to keep the fringe crazies in their faction in check and they are starting to take over. As a result, Democrats don't take their dissent seriously and, in the lack of informed dissent, assume there is no worthwhile dissent and that they're right, so they push bad ideas through the legislative process and take their opinions into the classroom and teach uncritiqued political opinion as fact... without an ounce of malicious intent, mind, because they have no reason to think they're wrong when their only opposition is buffoons and nitwits.
  • > could undo years of efforts to enhance coordination between the government and social media companies

    “Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power”
      Benito Mussolini

    --
    Can you handle the truth about the west: https://www.youtube.com/watch?... [youtube.com]

    • What do you mean, against fascism? It is literally one of the pillars of one political party's platform.

      And just so everyone's on the same page [imgur.com] as to what fascism is about. Sounds familiar, doesn't it?

      • Yes, that's the Democrats.

  • link to injuction (Score:5, Informative)

    by ISayWeOnlyToBePolite ( 721679 ) on Tuesday July 04, 2023 @03:25PM (#63656536)

    Ruling on injunction https://www.washingtonpost.com... [washingtonpost.com] (just the document, not paywalled).

  • by Ichijo ( 607641 ) on Tuesday July 04, 2023 @03:36PM (#63656554) Journal

    "...states [wikipedia.org] that if a society is tolerant without limit, its ability to be tolerant is eventually ceased or destroyed by the intolerant. Karl Popper described it as the seemingly self-contradictory idea that in order to maintain a tolerant society, the society must retain the right to be intolerant of intolerance."

    In other words, unregulated speech deteriorates into censorship just as surely as unregulated markets devolve into monopolies.

    • Re: (Score:2, Insightful)

      by NFN_NLN ( 633283 )

      Trevor Noah on free speech / White House Correspondents Dinner
      https://www.youtube.com/watch?... [youtube.com]

      Even rational leftists understand

    • by sinij ( 911942 )

      In other words, unregulated speech deteriorates into censorship just as surely as unregulated markets devolve into monopolies.

      This is highly misleading, as implying that unregulated speech causes censorship to occur is simply not true. The censorship occurs only as a consequence of lack of explicit protections for unregulated (as in free) speech.

    • by djinn6 ( 1868030 )

      In other words, unregulated speech deteriorates into censorship just as surely as unregulated markets devolve into monopolies.

      We've had the internet and its totally unregulated speech for several decades now. The internet is no less censored than before, despite every country's government trying to censor it with laws and regulations. While those can keep a few major social media sites from promoting undesirable content, it's still incredibly easy to escape that kind of censorship.

    • Not a good reason to tolerate criminal activity by the government.

  • People need to be allowed to read all sorts of bullshit and especially believe it. First, a lot more morons die. Which is good for the overall gene pool. Second, with more people sick and dying, lockdowns get to last longer, which means there is no talk about RTO and we can stay in the comfort of our home office.

    I demand that people are allowed to die for my comfort!

    • by sinij ( 911942 )
      If you look at society-wide scale, this is a mechanism against low-probability high-impact mistakes. If society decides that lead is perfectly safe [science.org] then only conspiracy nuts would manage avoid lead poisoning. Sure, they are wrong most of the time, but over long enough history only paranoids survived [wikipedia.org].
      • I think it's less that paranoids survive, it's more that people who can gauge information for credibility do. If you're constantly paranoid and don't believe anyone, you will eventually die in a burning house when someone tells you to go outside and you don't believe them this was the better choice because you fear they want to kill you.

    • People need to be allowed to read all sorts of bullshit and especially believe it. First, a lot more morons die.

      From where I sit, it seems like most of them survived and moved to Florida.

  • When all the newspapers had a picture of the accretion disk around Sag A* or the SMBH in the center of M87 on their frontpage, nobody doubted the science.

    When the newspapers headlined how LIGO 'saw' intermediate mass BH mergers, nobody doubted the science.

    Yet when presented with a simple correlation graph of the concentration of CO2 and global temperatures, US politics spoonfed by Big Oil seeds distrust.

    When presented with scientific facts about vaccines, US politics seeds distrust.

    And that's accepted by th

  • James Lindsay [newdiscourses.com]: ‘In 1945, even as the Nazis fell from power, Karl Popper told us how to find the line where free, liberal societies are in imminent danger in his book The Open Society and Its Enemies, most simply summarizing a crucial part of the argument in a short footnote about “The Paradox of Tolerance.”’

    ‘There, Popper lays out a short summary of when a free society should and must not tolerate intolerant movements if it is to survive. It is not only when they espouse and
  • This judge needs to be disrobed for impeding the President's and the government's freedom to discuss whatever the fuck they want. It's clear he didn't even read the first 5 words of the second amendment.

  • So to protect free speech the judge is censoring speech between the government and social media companies? Is it just me or does this seem a tad ironic?
  • Should be useful next time an R is in office. We wouldn't want to censor "protected speech."
  • by schwit1 ( 797399 ) on Tuesday July 04, 2023 @07:28PM (#63657154)

    The explosion of social-media platforms has resulted in unique free speech issues— this is especially true in light of the COVID-19 pandemic. If the allegations made by Plaintiffs are true, the present case arguably involves the most massive attack against free speech in United States' history. In their attempts to suppress alleged disinformation, the Federal Government, and particularly the Defendants named here, are alleged to have blatantly ignored the First Amendment's right to free speech.

    Although the censorship alleged in this case almost exclusively targeted conservative speech, the issues raised herein go beyond party lines. The right to free speech is not a member of any political party and does not hold any political ideology. It is the purpose of the Free Speech Clause of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail, rather than to countenance monopolization of the market, whether it be by government itself or private licensee. Red Lion Broadcasting Co., v. F.C.C. (1969).

  • by endus ( 698588 ) on Wednesday July 05, 2023 @09:20AM (#63658432)

    It sounds about right that our choice at the moment is between limiting free speech and allowing mass manipulation of public opinion through disinformation.

    Don't get me wrong, I'm a first amendment guy. This is the right decision from a first amendment perspective.

    But the disinformation factories have become pretty adept and AI tools will make them more and more dangerous and effective. We don't have a solution for that.

    • Educate people to not believe all the crap they read on the 'net or hear on Faux News? And yes, CNN has a clearly discernable bias as well.

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